The legal BAC limit is 0.08% for drivers aged 21 and over. Lower limits apply to commercial drivers and drivers under the legal drinking age. A DUI 1st offense can also occur if first DUI offense impairment is proven through field sobriety tests, chemical tests, or officer observations—even if the BAC is below the legal limit. Drugs, including prescription medications and illegal substances, can also lead to a DUI charge.
The penalties for a DUI 1st offense vary by state, but they generally include fines, license suspension, probation, and mandatory education programs. Fines typically range from several hundred to a few thousand dollars, depending on aggravating factors such as high BAC levels or having a minor in the vehicle. Court costs and administrative fees can significantly increase the total financial burden.
License suspension is another common consequence of a first DUI offense. Many states impose a suspension ranging from 90 days to one year. In some cases, drivers may qualify for a restricted license, allowing them to drive to work, school, or medical appointments. Additionally, administrative penalties from the Department of Motor Vehicles may apply even before a criminal conviction is finalized.
Jail time for a DUI 1st offense is often minimal or avoided altogether, especially if no injuries or property damage occurred.